Appendix C: National Code of Professional Conduct for Asset
Forfeiture

Law enforcement is the
principal objective of forfeiture. Potential revenue must not be allowed
to jeopardize the effective investigation and prosecution of criminal offenses,
officer safety, the integrity of ongoing investigations, or the due
process rights of citizens.

No prosecutor's or sworn law
enforcement officer's employment or salary shall be made to depend upon
the level of seizures or forfeitures he or she achieves.

If no judicial finding of
probable cause is secured, the seizure shall be approved in writing by a
prosecuting or agency attorney or by a supervisory-level official.

Seizing entities shall have a
manual detailing the statutory grounds for forfeiture and all applicable
policies and procedures.

The manual shall include
procedures for prompt notice to interest holders, the expeditious release
of seized property where appropriate, and the prompt resolution of claims
of innocent ownership.

Seizing entities retaining
forfeited property for official law enforcement use shall ensure that the
property is subject to internal controls consistent with those applicable
to property acquired through the normal appropriations process of that entity.

Unless otherwise provided by
law, forfeiture proceeds shall be maintained in a separate fund or account
subject to appropriate accounting controls and annual financial audits of
all deposits and expenditures.

Seizing agencies shall strive
to ensure that seized property is protected and its value preserved.

Seizing entities shall avoid
any appearance of impropriety in the sale or acquisition of forfeited
property.

The removal of unlawfully obtained proceeds of criminal
activity and the elimination of the instrumentalities used to commit
crimes are the principal goals of asset forfeiture. Potential revenue must
not be allowed to jeopardize the effective investigation or prosecution of
criminal offenses.

Where multiple agencies in a geographic region have
jurisdiction to pursue asset forfeiture, every effort should be made to
cooperate to advance the public interest.

Every government entity with the authority to seize property
should ensure that its asset forfeiture program provides for: (a) Prompt
prosecutorial review of the circumstances, and propriety of the seizure;
(b) Timely notice of seizure to interest holders of seized property; and
(c) Expeditious resolution of ownership claims and a rapid release of
property to those entitled to the return of the property.

Absent exigent circumstances, a judicial order is
advisable for all seizures of real property. When real property in
residential use is sought to be forfeited, the least intrusive means that
will preserve the property for forfeiture and protect the public should be
employed. A notice of lis pendens or an order restraining
alienation should suffice to preserve the government's interest in
forfeiture pending final judicial determination of the forfeiture action.

Every entity retaining forfeited property for official law
enforcement use should ensure that the property is subject to controls
consistent with those applicable to property acquired through the normal
appropriations process.

No seized property should be used without judicial
authorization and/or supervision. A use order may be obtained from the
court in appropriate circumstances. Otherwise the property should not be
used unless the forfeiture action has been completed and title to the
property has vested in the receiving agency. Forfeited property not used
in an undercover capacity should be sold or added to the regular inventory
of the agency. All property should be used and disposed of in a manner consistent
with the use and disposition of similar property by that agency.

The disposition of forfeited property retained by the law
enforcement agency should not be determined by any person who directly
supervised or exercised discretion in its forfeiture.

Forfeiture proceeds shall be maintained in a separate fund
or account subject to appropriate accounting controls and annual financial
audits of all deposits and expenditures.

Every seizing agency should maintain seized property to
preserve value for successful claimants as well as the taxpayers.

To the extent possible, civil forfeiture actions should be
initiated as independent cases which are not controlled or influenced by
the criminal prosecution. Prosecutors should avoid plea agreements in a
criminal case which involve agreements to dismiss forfeiture proceedings. The
converse is also true. Prosecutors should avoid settlements in a
forfeiture case which involve concessions in a criminal proceeding.

Every prosecutor should establish procedures to ensure
expeditious resolution of ownership claims if challenges to the asset
forfeiture proceeding are made and timely return of the property to the
known owner or interest holders if the forfeiture action is dismissed or
is unsuccessful.

Salaries and personal benefits of any person influencing
or controlling the selection, investigation, or prosecution of forfeiture
cases must be managed in such a way that employment or salary does not
depend upon the level of seizures or forfeitures in which they participate.

Agency employees and their families should be prohibited
from purchasing forfeited property directly or indirectly from the agency,
or any property forfeited by any other agency, if the employee
participated in any aspect of the investigation or litigation involving
that property.

Agencies receiving forfeiture funds should make annual
budget requests based on agency funding needs without regard for
anticipated or projected asset forfeiture revenues.

Prosecutors should pursue forfeiture actions to further
the remedial goals set forth above. A prosecutor should not consider any
personal or political advantages or disadvantages or gains or losses that
the initiation of a forfeiture action may bring to the prosecutor's office
in deciding whether to initiate or dismiss a forfeiture proceeding. Nor
should a prosecutor improperly consider the race, gender, social or
economic status of any person in deciding whether to initiate or dismiss a
forfeiture proceeding. This guideline should not be read to preclude the
initiation of forfeiture proceedings, which contribute to the fulfillment
of the official mission of the prosecutor's office.